Kelsey
(PS) Overholtzer v. Kelsey
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLARD OVERHOLTZER, No. 2:23-cv-01479-TLN-AC Plaintiff, v. SUA SPONTE REMAND ORDER JOHN KELSEY, JR., and ASHLEY
GERACI,
15 Defendants.
17 This matter is before the Court pursuant to Defendants John Kelsey and Ashely Geraci (together, “Defendants”) Notice of Removal and Motion to Proceed in Forma Pauperis. (ECF Nos. 2–3.) For the reasons set forth below, Defendants’ Motion to Proceed in Forma Pauperis is DENIED as moot, and the Court hereby REMANDS the action to El Dorado County Superior Court due to lack of subject matter jurisdiction. I. FACTUAL AND PROCEDURAL BACKGROUND On May 26, 2023, Plaintiff William Overholtzer (“Plaintiff”) filed a Complaint in state court for this unlawful detainer action against Defendants for possession of real property known as 5738 Pleasant Valley Road, #120, El Dorado, California, 95623 (the “Property”). (ECF No. 1 at 5.) On July 20, 2023, Defendant filed a Notice of Removal. (ECF No. 1.)…